This Data Release Agreement is between you and Capital One with offices at 1680 Capital One Drive, McLean, Virginia. “Capital One”, “we”, “us” or “our” means, collectively, Capital One Financial Corporation, its subsidiaries, affiliates, successors, assigns, agents, and/or authorized representatives. This agreement governs your use of Capital One’s external account information sharing services (the “Service”). This agreement applies in addition to, and is not intended to replace, any other agreements or terms that may apply in connection with your Capital One relationships, such as any Capital One credit card, checking, savings, and/or auto loan account(s) (“Accounts”). Your use of the Service is conditioned on your acceptance of these Terms and Conditions and, if you don’t accept them, you may not use the Service.
1. How it Works. Once you are logged into the Capital One website or mobile app with your Capital One credentials, the Service allows you to request and authorize Capital One to share Data (see definition below), including information about you and your Accounts, with a third party or with multiple third parties (individually or collectively the “Company” or “Companies”). Make sure you trust the Companies receiving any Data. Once Data is shared, it becomes subject to the receiving Company’s privacy policies and information security protections. A Company may also share Data with other Companies (e.g. Company A may hire Company B to acquire this Data).
2. Data We May Share. “Data” means information from or about you and your Account(s) (whether individually or jointly owned), and may include:
We will only release the Data identified in your request and authorization. You are responsible for ensuring the information we disclose is current and accurate. If you need to update any Data before it is released, use our online tools or contact us. Note that some Accounts may not be eligible for the Service.
3. One-time and Continuous Sharing, and how to Revoke an Authorization. You may ask and authorize us to share your Data with a Company once or, in some cases, regularly on an ongoing basis (i.e., continuous sharing). If your authorization is for continuous sharing, we will make Data available to the Company until your authorization expires or is revoked. You can revoke your authorization for continuous sharing at any time on the Capital One website or mobile app. Please note that a revoked authorization may take up to 15 minutes to take effect and will apply going forward unless and until another authorization is provided.
4. Once We Release Data, the Receiving Company, Not Capital One, Is Responsible for Managing, Using, and Protecting It. It's important that you understand how this works, and how Capital One is involved. We are providing a service for you to request that we release Data to a third-party Company that is not affiliated with or controlled by Capital One. We will authenticate that the request was made by you or on your behalf (e.g., using your Capital One username and password), and then we will release the Data. Once we release the data, and that Company has it, the Data is in their control.
6. Authentify from Early Warning Services. Authentify from Early Warning Services, LLC (a Company) allows certain Capital One customers to provide Data to other Companies for identity verification and authentication purposes. This section applies when you use the Service for an Authentify transaction.
7. Suspension or Termination of the Service. Capital One may suspend or terminate all or part of the Service at any time. If we do so, we will use reasonable efforts to provide you with advance notice.
8. Notices. We may provide you with notices related to the Service by email, text message / SMS, regular mail, or postings on the website(s) or app(s) related to the Service.
9. Trademark Information. Capital One trademarks and graphics used in connection with the Service are the property of Capital One. All other trademarks and graphics used are the property of their respective owners.
10. Tech Support. Capital One may not be able to provide technical and other support for the Service. For example, if a Company is not able to receive information, that may not be something we can address or fix. You agree to abide by any support rules, policies, and determinations. We recommend asking the Company questions about any Data we provide through the Service.
11. Disclaimer of Warranty. We’re committed to developing the Service and, while we do our best to get it right every time, we may get some stuff wrong. We may break things. So you acknowledge and agree that all use of the Service is at your sole risk. YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICE, ACKNOWLEDGE THAT IT IS PROVIDED “AS IS”, AND AGREE THAT CAPITAL ONE DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CAPITAL ONE, OR THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY OF ANY KIND.
12. Limitation of Liability. You understand and agree that: (1) the Company (and not Capital One) is solely responsible for what happens to Data once it's in their possession, (2) unless we specifically state otherwise, we do not endorse, support, or offer the Company's products or services, (3) we have no responsibility to monitor the Company's use of Data, and (4) you won't hold us in any way responsible for Company's use of Data. It's possible that the Company will keep Data forever, or use it to market to you, repackage it, lose it, or even sell it. By authorizing us to release Data, you assume all risk for damages that may result from your use of, or access to, the Service. You agree to not hold us liable for any indirect, incidental, special, consequential, or punitive damages (e.g., damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of (I) your use of (or inability to access) the Service, (II) any claim attributable to errors, omissions, or other inaccuracies in the Services described or provided, including the transfer of inaccurate information, (III) unauthorized access to, use or alteration of Data, or (IV) any other matter relating to the Service, regardless of whether they’re based on warranty, contract, tort, statute, or any other legal theory, and even if We have been advised of the possibility of such damages. We'll still protect the Data that we maintain, but we won't be responsible for what happens to copies of Data held by the Company. If you are dissatisfied with the Service, your sole and exclusive remedy is to stop using the Service. In states where the exclusion or limitation of liability for consequential or incidental damages may not apply, our liability in those states is limited and warranties are excluded to the greatest extent permitted by law but shall, in no event, exceed one hundred dollars ($100).
13. Indemnification. You acknowledge and agree that you are personally responsible for your conduct while using the Service, and you agree to indemnify and hold harmless Capital One and our respective owners, affiliates, directors, officers, employees and agents from any and all third party claims, losses, expenses, liability, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, caused by or resulting from or arising out of your use, misuse, errors, or inability to use the Service, or any violation by you of these terms.
14. Complaints or Disputes. If you are not satisfied with Capital One’s efforts to resolve a complaint and you want to file a formal action against Capital One, you agree that any claim or dispute related to the Services must be resolved exclusively by a state or federal court located in Fairfax County, Virginia, using laws of the Commonwealth of Virginia. You agree to submit to the exclusive personal jurisdiction of the courts located within Fairfax County, Virginia (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes. SPECIAL NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, certain users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at: Capital One Attn: Legal Notice PO Box 30285 Salt Lake City, UT 84130-0285 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
15. Changes to These Terms. We may change, suspend, or discontinue the Service, or any part of it, at any time without notice. We also may amend these Terms and Conditions in our sole discretion by posting the revised terms on our website at www.capitalone.com/legal/datasharing-terms-conditions/. Your continued use of the Service after the effective date of any revised Terms and Conditions constitutes acceptance of the terms.